HB4799 H LS AM #1
WRV 3133
The Subcommittee on Legal Services moved to amend the bill by striking everything after the enacting clause and inserting in lieu thereof the following:
(a) There is hereby established a statewide multi-jurisdictional cold case task force within the State Police. The executive board of the cold case task force shall consist of the Superintendent of the State Police, the President of the West Virginia Chiefs of Police Association, and the President of the West Virginia Sheriffs' Association. Meetings of the executive board are not subject to the provisions of §6-9A-1 et seq. of this code
(b) The purpose of the cold case task force is the investigation and prosecution of offenders in cold cases, as that term is defined in §15A-12-9 of this code. The cold case task force is authorized to cooperate with federal, state, and local law-enforcement agencies to effectuate the purposes of this section: Provided, That nothing in this section shall be construed as authorizing the cold case task force to supersede the ongoing investigations of any other law-enforcement agency.
(c) The executive board shall establish policies and procedures to effectuate the purposes of this section, including, but not limited to, the number of law-enforcement officers assigned to the cold case task force. Subject to available funds, the cold case task force shall be staffed by a task force director, selected from the membership of the State Police, and other members of the State Police, as designated by the Superintendent of the State Police.
(d) The cold case task force director shall perform the following powers and duties:
(1) To supervise the members of the State Police assigned to the cold case task force;
(2) To request assistance and cooperation of any West Virginia law-enforcement agency pursuant to the provisions of §15-10-4 of this code to augment the establishment of the cold case task force: Provided, That the director may provide the opportunity to participate in the cold case task force to any law-enforcement officer from the agency originally investigating the cold case, as directed by the administrator from the agency originally investigating the cold case;
(3) To coordinate and cooperate with any other federal or state law-enforcement agencies;
(4) To assure compliance with any policies or procedures established by the executive board for the operation of the cold case task force; and
(5) To manage and coordinate the day to day operations of any cold case task force established under the provisions of this section and to perform such other duties as may be required to effectuate the purposes of this section.
(e) The executive board may request assistance and cooperation of any West Virginia law-enforcement agency pursuant to the provisions of §15-10-4 of this code to augment the establishment of the cold case task force.
(f) The cold case task force fund is hereby created within the Treasury of the state. The fund shall be administered by the Superintendent of the State Police and shall consist of all moneys made available for the operations of the cold case task force from any source, including, but not limited to, all fees, gifts, grants, bequests, or transfers from any source, any moneys that may be appropriated and designated for the cold case task force by the Legislature and all interest or other return earned from investment of the fund. Expenditures from the fund shall be for the operations of the cold case task force and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in §11B-2-1 et seq. of this code: Provided, That for the fiscal year ending June 30, 2027, expenditures are authorized from collections rather than pursuant to an explicit appropriation by the Legislature.
(g) The Director of the West Virginia Fusion Center shall cooperate with the executive board to the fullest extent practicable to provide information necessary to accomplish the mission of the cold case task force and shall make available any information contained in the cold case database established in §15A-12-9 of this code.“
Adopted
Rejected